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H 4064

An Act to safeguard judicial integrity through enhanced witness protection

194th Legislature (2025-2026) Introduced by Nick Boldyga

Criminalizes witness intimidation with explicit intent to influence testimony, punishable by up to 10 years and/or fines, while protecting free speech rights.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 4064

Summary of H 4064: An Act to safeguard judicial integrity through enhanced witness protection

Overview

H 4064, introduced May 1, 2025 by Representative Nicholas A. Boldyga, seeks to strengthen protections for witnesses and the integrity of judicial and other official proceedings in Massachusetts. The bill would replace existing Section 13B of Chapter 268 with a new framework that criminalizes witness intimidation based on an explicit communicated intent to influence, dissuade, or retaliate against witnesses or informants. A hearing is scheduled for September 9, 2025 (1:00 PM–5:00 PM) in hearing room A-2.

Key Provisions

  • New Section 13B (a) Definitions

    • Defines “Intimidation” to include explicit or implicit threats, physical force, offering bribes or gifts, extortion, blackmail, or other coercive means, when there is an intent to:
    • cause fear of physical injury or property damage, and
    • influence testimony in an official proceeding.
    • Defines “Official Proceeding” as any proceeding before a legislative, judicial, administrative, or other government body authorized to take evidence under oath or affirmation.

  • Offense of Witness Intimidation (b)

    • A person commits witness intimidation if they:
    • (i) intend to prevent or dissuade someone from attending or testifying in an official proceeding;
    • (ii) intend to prevent or dissuade someone from reporting information related to a crime to law enforcement or an official body;
    • (iii) attempt to influence testimony through bribery, gifts, extortion, or blackmail;
    • (iv) retaliate against a person for testifying or providing information.

  • Limitations and Protections (c)

    • The section does not apply to protected First Amendment speech or rights to petition the government, including criticism of public officials or matters of public interest, so long as threats or coercive actions are not involved.

  • Punishments (d)

    • If the intimidation involves physical force:
    • Up to 10 years in state prison and/or a fine up to $25,000 (or both).
    • If the intimidation involves explicit/implicit threats, bribery, or extortion:
    • Up to $5,000 fine and/or up to 2.5 years in a jail or house of correction (or both).

  • Intent and Evidence (e)

    • The intent to intimidate must be communicated by the accused; mere belief or perception of intimidation by the witness is not enough.
    • Evidence of intent must come from the accused’s words or actions.

  • Training Requirement (f)

    • The Massachusetts Peace Officer Standards and Training Commission must develop and implement training for all law enforcement on applying this section, ensuring that intent is demonstrated and safeguarding speech rights against overreach.

Who Is Affected

  • Individuals who threaten, bribe, extort, or retaliate against witnesses or informants.
  • Witnesses, victims, and potential witnesses in official proceedings.
  • Law enforcement and prosecutors, who would enforce and apply the new statute.
  • Judges and administrative officials overseeing official proceedings.

Procedural and Timeline Details

  • Referred to the Judiciary Committee on May 1, 2025.
  • Senate concurrence noted on May 5, 2025.
  • Hearing scheduled for September 9, 2025 (01:00 PM–05:00 PM) in A-2.
  • Related bill: HD 3483 (replaces the prior structure).

Potential Impact

The bill aims to deter intimidation of witnesses by establishing clear criminal penalties and requiring targeted training to ensure proper application that respects constitutional speech rights. By defining “official proceeding” and making intent to intimidate a central element of the crime, the bill seeks to strengthen judicial integrity while balancing free speech.

Compiled from official sources — confirm details with the bill’s official record.

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